HomeMy WebLinkAbout2014-06-03; City Council; CS-253; CECP AmendmentEXHIBIT 1
ORDINANCE NO. CS-253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING ORDINANCE CS-158 AND REVOKING AN
AMENDMENT TO ZONING ORDINANCE CHAPTER 21.36, PUBLIC
UTILITY ZONE, AND SPECIFICALLY TO TABLE "A" OF SECTION
21.36.020, PERMITTED USES, REGARDING GENERATION AND
TRANSMISSION OF ELECTRICAL ENERGY
CASE NAME: CECP AMENDMENT
CASE NO.: ZCA 14-01 .
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to repeal Ordinance CS-158 and revoke Zone Code Amendment ZCA 11-05;
I and
WHEREAS, the City Council did on the 20th day of May 2014 hold a duly noticed
I public hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
I arguments, if any, of all persons desiring to be heard, said City Council considered all factors
1 relating to ZCA 14-01- CECP AMENDMENT; and
WHEREAS, after procedures in accordance with requirements of law, the City
I Council has determined that the public interest indicates that said ZCA 14-01 be approved as
I shown on Exhibit ZCA 14-01, dated April 16, 2014.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That Ordinance CS-158 is repealed and ZCA 11-05 is revoked.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7040 shall also constitute the findings and conditions ofthe
I City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
I the city clerk shall certify the adoption of this ordinance and cause the full text ofthe ordinance or a
I summary of the ordinance prepared by the City Attorney to be published at least once in a
I newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
I the 20th dav of Mav 2014, and thereafter.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 3^"* day of June, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: Council Member Hall.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MARK PACKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, Cit)^Clerk
Exhibit ZCA 14-01
April 16, 2014
ZCA 14-01 - CECP Amendment
Revisions to Zoning Ordinance Chapter 21.36
P-U Public Utility Zone.
(Note: Proposed text additions are shown as bold and underlined.
Proposed text deletions are shown as stricken. The changes that are
shown affect only those uses shown below. All other uses in table A are
unchanged by this amendment.)
21.36.020 Permitted Uses
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1
below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Minor Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Minor Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" indicates use is permitted as an accessory use.
Use CUP Acc
Generation and transmission of electrical energy, primary, by a government
entity or by a company authorized or approved for such use by the California
Public Utilities Commission outside the City's Coastal Zone only.
Generation of electrical energy, accessory, by a government entity or by a
company authorized or approved for such use by the California Public Utilities
Commission in or outside the Coastal Zone and limited to a generating capacity
of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is
prohibited in the Coastal Zone.
Transmission of electrical energy if conducted by a government entity or by a
company authorized or approved for such use by the California Public Trades
Commission
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS-253, CS-254 and CS-255
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS-253, CS-254 and CS-255 is to
be considered at the City Council Meeting to be held on the 3rd day
of June, 2014.
2.) That a certified copy of the full text of Ordinance Nos. CS-253, CS-254
and CS-255 was posted in the City Clerk's Office on the 30th day of
May 2014.
3.) That a summary of the Ordinance was published in the
Union/Tribune/North County Times, on the 30th day of May 2014.
SHELLEY COLLINS, ¶ C, Assistant City Clerk
Dated: June 2, 2014
(Seal)